Dismissal

A dismissal is the termination of an individual's employment by the employer. Employees have a right not to be unfairly dismissed from employment.

Before dismissing an employee, employers need to make sure that they have a potentially fair reason. The five potentially fair reasons for dismissal are: capability or qualifications; conduct; redundancy; where continued employment would contravene the law; and “some other substantial reason”.

A dismissal can also be constructive, where an employee resigns in response to his or her employer's breach of contract.


Photo: Andrew Drysdale/REX/Shutterstock.

Tribunal awards £2 to claimant denied companion at disciplinary hearing

Stephen Simpson rounds up recent decisions published on the online database of first-instance employment tribunal judgments

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General election 2017: five things to know about politics in the workplace

19 Apr 2017

Can employers prevent staff from political campaigning at work? Should employees be banned from displaying their political allegiance, for example...

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Expired warnings, final warning

Does a new tribunal decision mean expired warnings are past their “use by” date?

5 Apr 2017

A recent employment law ruling that it was fair to dismiss an employee partly on the basis of an expired...

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Photo: Jochen Tack / imageBROKER/REX/Shutterstock.

£25,000 for early termination of apprenticeship contract

4 Apr 2017

An employment tribunal has awarded £25,000 for breach of contract to an employee whose apprenticeship was ended early. Stephen Simpson...

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manage-out

How should HR react to demands to manage out employees?

28 Mar 2017

If employees aren’t working out, managers can be impatient to move them out of the organisation. How can HR strike...

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Royal Courts of Justice. Photo: REX/Image Broker

Long-term sick leave dismissals: court guidance on borderline cases

21 Mar 2017

The Court of Appeal has provided guidance on when employers can dismiss an employee on long-term sick leave, in what...

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BBC reporter’s employment case struck out

8 Mar 2017

An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...

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In China, 2017 is the year of the rooster. Photo: Sipa Asia/REX/Shutterstock.

Seven facts about employment law in China

27 Jan 2017

What is the Chinese statutory public holiday entitlement for employees? Do employers have to pay a premium for working during...

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The BBFC rates the 1978 classic Halloween as an 18 for its atmosphere of "strong threat" and graphic depictions of killingsMoviestore Collection/REX/Shutterstock.

Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

9 Jan 2017

Tribunal Watch returns with a round-up of recent case law reported in the news. The Employment Appeal Tribunal (EAT) upheld...

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The workplace behaviour of "Bad Santa" over the Christmas period left a lot to be desiredTracy Bennett / Dimension Films / REX / Shutterstock

Christmas in the workplace: 10 common employer queries

13 Dec 2016

During the Christmas period employers face a minefield of HR challenges. How well prepared is your organisation for the festive...

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Michelle Obama “ape” comment: how employers can deal with racist language

2 Dec 2016

An inflammatory and racist Facebook post that referred to Michelle Obama as an “ape” caused widespread outrage on social media....

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The claimant moved from Jamaica as a child, giving him the "right of abode" (right to live indefinitely) in the UK. Photo: imageBROKER/REX/Shutterstock.

Fair dismissal for failure to produce evidence of right to work in UK

22 Nov 2016

An employment tribunal held that an employee was fairly dismissed after failing to produce evidence of his right to work...

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Disciplinary procedures: three case law lessons for employers

22 Nov 2016

What is the role of HR in the disciplinary process? To what extent can an employer use its appeal process...

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Hampers and similar food gifts are big business at Christmas. The company in this case generates one third of its total annual turnover in the eight weeks from mid-September onwards. Food and Drink/REX/Shutterstock.

Fair dismissal for refusal to work Christmas overtime

9 Nov 2016

An employment tribunal held that a food company employee was fairly dismissed after she refused to do overtime in the...

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Workplace protected conversations shield cannot be waived

12 Sep 2016

In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) confirmed the privilege that applies to protected conversations cannot...

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